PEOPLE v. SULLIVAN


3 N.Y.2d 196 (1957)

The People of the State of New York, Appellant, v. Eugene Sullivan, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.


Attorney(s) appearing for the Case

Daniel V. Sullivan, District Attorney (Walter E. Dillon of counsel), for appellant.

Wankard L. Pooser for respondent.

CONWAY, Ch. J., DYE, FROESSEL and VAN VOORHIS, JJ., concur with BURKE, J.; DESMOND, J., concurs in result only in a separate memorandum and FULD, J., in a separate opinion.


BURKE, J.

This appeal is concerned with a motion in the nature of an application for a writ of error coram nobis. The defendant, although his conviction was based on a plea of guilty, made in open court, while represented by counsel, now contends that the sentence imposed is illegal because there has been a failure of compliance with the statutory requirements contained in section 480 of the Code of Criminal...

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